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The Guardian
22-06-2025
- Entertainment
- The Guardian
I'm no Ed Sheeran fan, but he's right: when it comes to musical plagiarism, guilt is in the ear of the listener
Leave Ed Sheeran alone. Four words I never expected to write, but we live in very strange times. Cards on the table: I'm no fan of his music, but that's neither here nor there when it comes to making sense of the recently concluded epic battle over alleged copyright infringement. To catch you up to speed: on 20 June 2014, Sheeran released his second studio album X, a worldwide chart-topper. On 24 September 2014, he released the third single from it, Thinking Out Loud, a standard love song about vowing eternal devotion, which was another worldwide chart-topper. In between, that July, BBC Radio 1Xtra announced its Power List of the most important figures in black and urban music, which, to much derision, placed the very white Sheeran at the top. This was nothing new: Sheeran had already received four nominations for a Mobo Award. And, at least according to the owners of Marvin Gaye's 1973 bedroom ballad Let's Get It On, Thinking Out Loud was indeed music of black origin. The family of Ed Townsend, Gaye's co-writer, launched a copyright infringement case in 2016, seeking $100m in damages. In 2023, a New York jury ruled in Sheeran's favour. However, a company called Structured Asset Sales, which owns a stake in Townsend's songwriting, launched a separate case in 2018. This week, that case, too, was rejected by the US supremecourt. This comes as a particular relief to Amy Wadge, Sheeran's co-writer. Wadge is a true Welsh success story (she grew up in Somerset but cut her teeth on the grassroots Cardiff scene), and deserved better than a decade-long shadow over her first major hit. There is the very vaguest similarity in the way Thinking Out Loud's syncopation drags its heels, the trick that gives Let's Get It On its sexiness. If anything, at the risk of precipitating another legal case, Thinking Out Loud reminds me more of Tracy Chapman's Baby Can I Hold You, and I'm not alone. (A YouTuber has created a mashup called Baby Can I Think Out Loud Tonight, and the two songs are also paired together on the SoundsJustLike website.) This was not the first time a Marvin Gaye song has sparked a copyright case. In 2015, the Gaye estate successfully won a case against Robin Thicke and Pharrell Williams regarding their hit, Blurred Lines, not on the basis of melody or lyrics but, controversially, a similarity to the vibe and feel of Gaye's 1977 single Got To Give It Up. Nor is it the only time Sheeran has been the target of such a claim. His 2017 mega-hit Shape of You was targeted, unsuccessfully, by grime artist Sami Switch in 2022. Anyone immersed in pop history can rattle off dozens of previous cases, fruitful or failed. Most famously of all, George Harrison paid out £587,000 due to his 1971 hit My Sweet Lord's strong resemblance to the Chiffons' He's So Fine. Sugar Hill Gang's epochal Rapper's Delight eventually gave a co-credit to Nile Rodgers and Bernard Edwards of Chic, whose Good Times bassline it interpolates. Radiohead ceded a small percentage of the royalties for Creep to the composers of the Hollies' Air That I Breathe. When Jonathan King launched a media campaign accusing Pet Shop Boys of plagiarising Cat Stevens' Wild World, even recording a cover of Stevens' song in a PSB style, Neil Tennant and Chris Lowe turned the tables by successfully suing King, donating the proceeds to charity. (And that's before we even touch upon the countless samples-based cases.) Whether or not a case has merit is a question for musicologists and lawyers to consider (and, in the case of Sheeran's Thinking Out Loud, they've answered it conclusively). But in the court of public opinion, guilt or innocence is in the ear of the listener. We all enjoy spotting examples. Searching through my own social media, there are countless times I've observed: 'You never see (Song A) and (Song B) in the same room.' But we don't always enjoy having them pointed out to us. I remember being annoyed when my dad told me the Jam's Start! made generous use of the bassline from the Beatles' Taxman. And it isn't as if the Beatles were innocent of such things (look up Bobby Parker). Ultimately, we are all hypocrites. How we react to alleged rip-offs depends on how fond we are of the alleged ripper-offer. If the Manics do it to Goldfrapp (Europa Geht Durch Mich), or Pulp to Laura Branigan (Disco 2000), or Suede to Judy Garland via Bowie (The Drowners), I might hail it as evidence of their taste, their cleverness and their adeptness at intertexual referentiality, or 'dialogic composition'. If Oasis do it to T Rex (Cigarettes and Alcohol), I cite it as proof of their oafish derivativeness. Sometimes, the originator takes a magnanimous view. In 2013, it was alleged that One Direction's Best Song Ever bore a close resemblance to the Who's Baba O'Riley. Pete Townshend quickly distanced himself from the furore. 'The chords I used and the chords they used,' he wrote in a statement, 'are the same three chords we've all been using in basic pop music since Buddy Holly, Eddie Cochran and Chuck Berry.' In 2021, Olivia Rodrigo was accused of lifting the riff of her single Brutal from Elvis Costello & the Attractions' 1978 classic Pump It Up. Costello was fine with the steal. 'It's how rock & roll works,' he tweeted. 'You take the broken pieces of another thrill and make a brand new toy. That's what I did.' In 2014, Sam Smith scored a major hit with Stay With Me, whose chorus was melodically similar to I Won't Back Down by Tom Petty. The latter and co-writer Jeff Lynne reached a 12.5% settlement with Smith and their team, and Petty bore no grudge. 'All my years of songwriting have shown me these things can happen,' he said. 'Most times, you catch it before it gets out the studio door, but in this case, it got by.' This feels like the most enlightened approach. That's how the chain of influence functions, from generation to generation. The caveat being that there's sometimes a power dynamic at play, and it's often black artists who get shafted (it still leaves a sour taste that Led Zeppelin only gave co-writing credits to bluesmen such as Willie Dixon decades too late). As the saying goes, where there's a hit there's a writ. 'I feel like claims like this are way too common now,' said Ed Sheeran after the Sami Switch case, adding: 'Coincidence is bound to happen if 60,000 songs are being released every day on Spotify. That's 22m songs a year, and there's only 12 notes that are available.' Referring to the Gaye case, he said: 'I am not and will never allow myself to be a piggy bank for anyone to shake.' Sheeran has a point. Claims of plagiarism too often stifle pop, and only result in lawyers getting richer. The message to plaintiffs, especially if they're faceless corporations, is simple: be less petty, and be more Petty. Simon Price is a music journalist and author
BBC News
17-06-2025
- Entertainment
- BBC News
Ed Sheeran's co-writer 'incredibly relieved' as Thinking Out Loud case finally ends
The US Supreme Court has rejected an attempt to revive the long-running copyright trial over his hit song Thinking Out Monday, the court refused to hear an appeal from Structured Asset Sales (SAS), which claimed Sheeran's song copied Marvin Gaye's Let's Get It On, in which it has a copyright move ends a decade-long legal battle, including two separate plagiarism trials, both of which ruled in Sheeran's favour."It's a huge relief," said Amy Wadge, who co-wrote Thinking Out Loud with Sheeran in 2014. "It's been rolling news under my life for 10 years but, yes, it's done." Speaking to BBC Radio 4's Today programme, the Welsh songwriter said the copyright trials had "haunted" her for the last 10 years."The absolute truth is that song changed my life. I didn't have a hit until I was 37 and that was the one. "I was able to feel like I'd had a hit for a year and then all of a sudden it felt like the wolves were surrounding."It was incredibly frightening." Thinking Out Loud is one of the biggest songs of Sheeran's career. It spent more than two years in the UK singles chart, racking up 4.8 million sales in the UK, and won song of the year at the 2016 Grammy boudoir ballad, which was a number one hit in the US, was co-written with singer-songwriter Ed Townsend, who died in family first accused Sheeran and Wadge of copyright infringement in 2016, seeking $100m (£73m) in damages. In court, Sheeran's team accepted that the two songs share a similar syncopated chord they characterised the chords as the "building blocks" of pop music, which had been used in dozens of songs before and since Let's Get It On was recorded in 1973.A New York jury ruled in Sheeran's favour in 2023, after which the star spoke about his decision to fight the case in court, rather than settle."I am not and will never allow myself to be a piggy bank for anyone to shake," he told which was founded and run by investment banker David Pullman, also has a stake in Townsend's copyright, and sued Sheeran and Wadge separately in losing that case, SAS launched a series of appeals, including demands for a re-hearing, which was was then left with the option of appealing to the Supreme Court, which it did in the court agreed with earlier findings that the chord progression and harmonic rhythms in Gaye's song are too commonplace to be legally protected."And no reasonable jury could find that the two songs, taken as a whole, are substantially similar in light of their dissimilar melodies and lyrics," Judge Michael Park wrote for the New York-based 2nd US Circuit Court of Appeals. Wadge said the ruling had ended "10 long years" of uncertainty."It was certainly a financial threat, but there was also... this huge existential threat of what it meant for the world of songwriting I always felt the weight of that. "People would tell me that everyone was looking at this case and I knew that had [SAS] been successful it really would have caused a huge issue for creativity in general," she added. "It was a big responsibility."After the 2023 trial, Wadge and Sheeran both got tattoos containing a phrase from the judge's verdict: "Independently created".Asked if she would do the same again, Wadge laughed, saying: "My husband might have a bit of a problem with another tattoo."The songwriter added that she hasn't been able to speak to Sheeran since the verdict, as he's currently on tour in Europe, but she added: "I'm quite sure at some point we'll be able to sit down and say, 'Thank goodness'."
Telegraph
17-06-2025
- Entertainment
- Telegraph
Ed Sheeran copyright claim rejected by US Supreme Court
The US Supreme Court has rejected a bid to revive a copyright claim against Ed Sheeran over his 2014 hit song Thinking Out Loud. The pop star was accused of copying the melody, harmonies and rhythm of Marvin Gaye's 1973 classic Let's Get It On. The British singer had already won a copyright case after a 2023 trial into whether he had plagiarised the Motown star. However, the Supreme Court has now declined to hear an appeal by Structured Asset Sales, which is owned by investment banker David Pullman and has copyright interests in the Gaye song. The decision has brought an end to a decade-long legal battle. Amy Wadge, who co-wrote the song with Sheeran, said she was 'very relieved'. 'Ten long years it has been, so to get that ruling is an incredible relief,' she told BBC Radio 4's Today programme. 'Song changed my life' Wadge, 49, said despite the victory in 2023 the decision kept getting appealed. 'I always knew there was someone else who was trying to substantiate the same thing,' she said. 'It has just rolled on, but yes it's done.' She said the possibility of losing the case had 'haunted' her, adding: 'The absolute truth is that song changed my life. 'I didn't have a hit until I was 37. Then I was able to feel like I'd had a hit for a year and then all of a sudden it felt like the walls were surrounding. 'It was incredibly frightening. Had we lost that case, I could have effectively lost everything. 'I just knew that had they been successful it really would have caused a huge issue for creativity in general.' Heirs of songwriter Ed Townsend, who co-wrote the song with Gaye, claimed 34-year-old Sheeran had used substantial chunks of the older song. Sheeran had threatened to abandon the music industry if he lost the case. During his defence, the Grammy-winning artist played the opening chords to Thinking Out Loud and sang the first few lines to the New York jury. After the jury ruled in his favour, Sheeran said outside court: 'It's devastating to be accused of stealing someone else's song when we've put so much work into our livelihoods.' In 2022, a High Court judge in London ruled that Sheeran had not plagiarised a 2015 song by grime artist Sami Switch when he wrote his 2017 hit, Shape of You.
